Non-market Economy Under The Rules Of The Eu Anti-dumping Problem Research

NME Rules, whose function is to determine the antidumping margin and the antidumping duty of the products from NME countries, is one of the special rules in the anti-dumping law. According to Protocol on China’s Accession to the WTO, China can be recognized as a non-market economy country within15years after China’s accession to WTO. Even though China is one of the closest trading partners of Europe Union, the trade frictions between them occur frequently. In the antidumping investigations initiated by the Europe Union, China is always regarded as the non-market economy country, and thus be applied by the NME rules. Only a tiny part of Chinese enterprises which meet the corresponding conditions can be granted market economy status or individual treatment, which makes the exporters of China suffer from huge losses. Rome was not built in a day. We should realize that it’s not an easy task to persuade Europe Union to give up the NME rules in the antidumping case towards China in a short time.This essay includes five chapters. Chapter one briefly introduces the NME rules and analyzes the influences of it in the macro perspective. Chapter two analyze the analogue country rule of the NME rules in detail, including the choice of the analogue country, the way to calculate the normal value according to the analogue country rules, individual review, as well as the specific influences of the analogue country rule. Chapter three elaborates another NME rules, i.e. the single countrywide duty rate, challenges the rationality of it, and illustrates its influences towards our country. What demonstrates in chapter four is the remedy of the EU antidumping under the NME rules. In this chapter, the author not only states the obstacles the Chinese exporters come across in each administrative reviews of the EU antidumping investigation for the reason of the NME rules, but also analyzes the unfavorable status of the Chinese exporters in the judicial review of the EU antidumping investigation. Chapter five puts forward the countermeasure of problems hereof:the government shall perform its administrative function, fighting for the reasonable treatment in the antidumping investigations for the exporters, at the same time, the exporters shall perfect their own management, preventing and dealing with the EU antidumping investigation positively. What’s more, this chapter also presents the author’s view to the feasibility of the administrative review and judicial review, as well as the concrete operations of them.